MarketSpace Inc. Policies

Terms and Conditions

Welcome to MarketSpace (market.space), which is owned and operated by MarketSpace Technologies Inc., a Delaware corporation ("MarketSpace", "we" or "us"). The following terms and conditions (“Terms”) apply to your use of any and all MarketSpace applications or services, whether delivered through web, mobile, API, text, email, telephone, chat or any other means (collectively, the "Services").

Acceptance
Your use of the Services constitutes your acceptance of these Terms as well as each of our policies posted on our website or within our applications. Collectively, these constitute the entire and only agreement between us and you concerning the Services and supersedes all prior or contemporaneous agreements, representations, warranties and understandings. We reserve the right to make changes to the Services and these Terms from time to time at our sole discretion. We will provide you with written notice of any changes to these Terms.

Data Use
Please review our Data Use Policy to understand our practices relating to collection and use of data in the course of your use of the Services.

Registration
When you register for the use of the Services, you agree to provide true, accurate, current and complete information about yourself as required by our registration application, and to maintain and promptly update the information provided by you in order to keep it true, accurate, current and complete. You further agree that you are creating the account for yourself, and not for a third party. In addition, you agree that you will comply with all policies of the Site, including this Terms of Service. You agree to provide accurate data and information when using the Site, and that you answer all questions, polls and complete all tasks to the best of your ability and using information that you believe to be truthful. You agree not to use the Services or access the Site with malicious intent. You also represent that you are not a person barred from receiving our Services under the laws of the United States or any other applicable jurisdiction. By using the Site, you represent that you are over the age of 13. If you do not comply with the foregoing conditions, or we reasonably suspect that information provided by you is in violation of the foregoing conditions, we have the right to suspend or terminate your account and refuse any and all current or future use of our Services (or any portion thereof).

We assume no responsibility for the timeliness, deletion, misdelivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to our Services, and that access may involve third-party fees (such as Internet service provider or airtime charges). If you use your mobile device to access our Site or use our Services, you understand that you are responsible for any fees that your mobile service provider charges for data or SMS services. In addition, you must provide and are responsible for all equipment necessary to access our Services.

Account Security
When you are authorized to use the Services, you will receive a password and account designation. It is your responsibility to maintain the confidentiality of your password. If you use this Site, you agree to accept responsibility for all activities that occur under your account or password. You agree to notify us immediately of any unauthorized use of your account or if you feel your password has been compromised, or for any other breach of security. To better maintain account security, be sure to log out from your account at the end of each session. We will not be liable for any loss or damage arising from your failure to comply with protect account credentials. If you feel that your account has been compromised, contact us immediately at support@market.space.

We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion.

No Transfer
Your right to use our website is not transferable or assignable. Any password or right given to you to obtain information or access the Services is not transferable or assignable.

Ownership of Data
When you submit any kind of information, feedback or suggestions to us, you irrevocably grant, transfer and convey to us all right, title and interest in and to the materials so provided, including any related intellectual property rights. You agree we have the unlimited and unconditional right to distribute, exploit and use such material in perpetuity, anywhere and everywhere in the world, in any media and by any means now known or hereafter devised. We will have the right to use, store, market, promote, edit, incorporate, distribute, reproduce, display, perform, transmit, advertise, re-use, re-distribute, and re-transmit such material in any way we see fit without any payment or other obligation to you. No rights are granted to you hereunder other than as expressly set forth herein.

Copyright
The compilation of all content on the Site is the property of MarketSpace and is protected by U.S. and international copyright laws. All software used on the Site is the property of MarketSpace or its software suppliers and is protected by U.S. and international copyright laws.

Trademarks
The MarketSpace name, logo and other verbal and visual collateral are our service marks or registered service marks or trademarks. Other products and company names mentioned on the Site may be trademarks of their respective owners. MarketSpace's service marks, trademarks and trade dress may not be used in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits MarketSpace. All other trademarks not owned by MarketSpace or its subsidiaries that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by MarketSpace or its subsidiaries.

License and Site Access
MarketSpace grants you a limited, nonexclusive, nontransferable, revocable license to access and make use of the Services. This license does not include any right to download (other than page caching), modify, or resell the Services or its contents; any collection and use of any content; any derivative use of the Services or its contents; any downloading or copying of account information for the benefit of a third party; or any use of data mining, robots, or similar data gathering and extraction tools. No materials provided through the Services may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose (other than internal commercial operations of your company) without express written consent of MarketSpace. You may not remove, decompile, disassemble or reverse engineer any MarketSpace software or use any network monitoring or discovery software to determine the Site architecture. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of MarketSpace's and our affiliates without express written consent. You may not access the Site in order to (a) build a competitive data-related commercial product or service, or (b) copy any features, functions or graphics of our Services. You may not use any meta tags or any other "hidden text" utilizing our name or trademarks without the express written consent of MarketSpace. You may not use the Site for the purpose of gathering information for or transmitting unsolicited commercial phone calls, facsimile transmissions, email or email that makes use of headers, invalid or nonexistent domain names, or other means of deceptive addressing. You may not use the Site in a manner that violates any local, state, national and international laws or regulations concerning email, telephone solicitations or facsimile transmissions. You may not use this Site to intentionally or unintentionally violate any applicable local, state, national or international law or regulation. You may not use the Services to provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization or organizations designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act. You may not export or re-export the Services or any portion thereof, or any related software, in violation of the export control laws or regulations of the United States. Any unauthorized use terminates the permission or license granted by MarketSpace.

No Liability for Errors
Under no circumstance shall MarketSpace be liable for any content that may appear in the Services, including, but not limited to, any errors or omissions in any content, any summarization, visualization or categorization of content, any delay in delivery of content, or any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available through our Services. We have the right but not the obligation to monitor and edit or remove any activity or content. We take no responsibility and assume no liability for any content posted by you or any third party.

Unlawful Activity
We reserve the right to investigate complaints or reported violations of MarketSpace policies and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information.

Account Termination
You may request removal of your account, any associated email address and access to our Services by submitting a removal request to us.

We may, without prior notice or cause, immediately delete, limit your access to or suspend your account and access to our Services. Cause for such action shall include, but not be limited to, any breaches or violations of the Agreement or the Site Policies or other agreements or guidelines on the Site, requests by law enforcement or other government agencies, discontinuance or material modification to the Service (or any part thereof), unexpected technical or security issues or problems, extended periods of inactivity, your engagement in fraudulent or illegal activities, and/or nonpayment of any fees owed by you in connection with our Services. All deletions, limitations of access and account suspensions shall be made at our sole discretion and we are not liable to you or any third party for the deletion of your account or access to our Services.


Disclaimers and Limitations

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MARKETSPACE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, MARKETSPACE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MARKETSPACE DOES NOT WARRANT THAT THE SERVICES, MARKETSPACE SERVERS, OR E-MAIL SENT FROM MARKETSPACE.COM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MARKETSPACE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE PRODUCTS, SERVICES, AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.

WE AND OUR AFFILIATES SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING IN ANY WAY FROM (A) ANY ERRORS IN OR OMISSIONS FROM THE SITE OR ANY SERVICES OR PRODUCTS OBTAINABLE FROM THE SERVICES, (B) THE UNAVAILABILITY OR INTERRUPTION OF THE SITE OR ANY FEATURES OF THE SITE, (C) YOUR USE OF THE SITE OR WITH THE DELAY OR INABILITY TO USE THE SITE, (D) THE CONTENT CONTAINED ON THE SITE, OR (E) ANY DELAY OR FAILURE IN PERFORMANCE BEYOND OUR CONTROL.

THE AGGREGATE LIABILITY OF US AND OUR AFFILIATES IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICES, OR THE PRODUCTS, SERVICES OR INFORMATION PROVIDED BY THE SITE SHALL NOT EXCEED $100 AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US AND OUR AFFILIATES.

ANY CAUSE OF ACTION YOU MAY HAVE WITH RESPECT TO THE SERVICES OR ANY PRODUCTS OR SERVICES PURCHASED USING THE SITE MUST BE BROUGHT BY YOU WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ARISES OR BE FOREVER WAIVED AND BARRED.

Indemnification
You agree to indemnify, defend and hold us and our partners, agents, officers, directors, employees, subcontractors, successors and assigns, third party suppliers of information and documents, attorneys, advertisers, product and service providers and affiliates harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to your violation of these Terms.

Applicable Law
By using the Services, you agree that the laws of the state of California, without regard to principles of conflict of laws, will govern the these Terms and any dispute of any sort that arises between you and MarketSpace or its affiliates relating to the Services.

Disputes
Any dispute or unresolved controversy arising out of or relating to these Terms, MarketSpace policies or your use of the Services, shall be submitted to confidential arbitration under the auspices of JAMS in Santa Cruz, California, except that, to the extent you have in any manner violated or threatened to violate MarketSpace's intellectual property rights, MarketSpace may seek injunctive or other appropriate relief in any state or federal court in the state of California, and you consent to exclusive jurisdiction and venue in such courts. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. Each party will bear its own costs with respect to any disputes arising under the Site Policies. To the fullest extent permitted by applicable law, no arbitration under the Site Policies shall be joined to an arbitration involving any other party subject to the Site Policies, whether through class arbitration proceedings or otherwise. By using the site, you specifically agree to be bound by this arbitration provision, and agree that all disputes must be arbitrated on an individual basis. You specifically agree that you have no right or authority to bring any dispute as a class, collective or representative action.

Electronic Communications
When you use our website or applications, or send e-mails to us, you are communicating with us electronically. You acknowledge that you can access information that is provided electronically, and you consent to receive communications from us electronically (email or posting notices within the Services). You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Etc.
The language in these Terms must be interpreted as to its fair meaning and not strictly for or against any party. These Terms and any content provided by you in connection with the Services may be automatically assigned by us in our sole discretion to a third party in the event of an acquisition, sale or merger. Should any part of these Terms be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with these Terms, these Terms shall take precedence. Our failure to enforce any provision of these Terms shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under these Terms shall survive any termination of any commercial relationship between you and MarketSpace.

Data Use Policy

We collect personal and activity data, which may be linked.
We use technologies like cookies (small files stored on your browser), web beacons, or unique device identifiers to identify your computer or device so we can deliver a better experience. Our systems also log information like your browser, operating system and IP address.

We also may collect personally identifiable information that you provide to us, such as your name, address, phone number or email address. With your permission, we may also access other personal information on your device, such as your phone book, calendar or messages, in order to provide services to you. If authorized by you, we may also access profile and other information from services like Facebook.

Our systems may associate this personal information with your activities in the course of providing service to you (such as pages you view or things you click on or search for).

We do not knowingly contact or collect personal information from children under 13. If you believe we have inadvertently collected such information, please contact us so we can promptly obtain parental consent or remove the information.

We do not access your precise location.
We do not collect, use or share your precise geographic location.

You can request to see your personal data.
You can sign into your account to see any personally identifiable information we have stored, such as your name, email, address or phone number. You can also contact us by email to request to see this information.

We keep personal data until you delete it.
We remove personally identifiable information (such as your name, address, email or phone number) and other preferences associated with your account promptly after you delete your account (except for payment transactions or unless otherwise required by law). We may retain other data indefinitely.

We don't share your personal data with other companies.
We generally do not share personally identifiable information (such as name, address, email or phone) with other companies.

You can ask privacy questions.
If you have any questions or concerns about our privacy policies, please contact us at privacy@market.space or

MarketSpace Inc.
740 Front St.
Suite #355
Santa Cruz, CA 95060

California residents are legally entitled (at no charge and no more than once annually) to request information about how we may have shared your information with others for direct marketing purposes. We do not share personal information for such purposes.

Service providers access data on our behalf.
In order to serve you, we may share your personal and anonymous information with other companies, including vendors and contractors. Their use of information is limited to these purposes, and subject to agreements that require them to keep the information confidential. Our vendors provide assurance that they take reasonable steps to safeguard the data they hold on our behalf, although data security cannot be guaranteed.

Analytics companies may access anonymous data (such as your IP address or device ID) to help us understand how our services are used. They have agreed to use this data solely on our behalf. They have agreed not to share it except in aggregate form; no data is shared as to any individual user.

We take steps to protect personal information.
We take reasonable steps to secure your personally identifiable information against unauthorized access or disclosure. We encrypt transmission of data on pages where you provide payment information. However, no security or encryption method can be guaranteed to protect information from hackers or human error.

Information we collect may be stored or processed on computers located in any country where we do business.

Special situations may require disclosure of your data.
To operate the service, we also may make identifiable and anonymous information available to third parties in these limited circumstances: (1) with your express consent, (2) when we have a good faith belief it is required by law, (3) when we have a good faith belief it is necessary to protect our rights or property, or (4) to any successor or purchaser in a merger, acquisition, liquidation, dissolution or sale of assets. Your consent will not be required for disclosure in these cases, but we will attempt to notify you, to the extent permitted by law to do so.

We will keep you up to date on changes in this policy.
This privacy policy was last updated on February 11, 2015. Our privacy policy may change from time to time. If we make any material changes to our policies, we will place a prominent notice on our website or application. If the change materially affects registered users, we will send a notice to you by email, push notification or text.